Mitchell v. Abernathy
Supreme Court of Alabama
Appeal from Lamar Circuit Court. Heard before Hon. Bernard Harwood. E. E. Abernathy had judgment against D. D. Wright and others and had execution on said judgment levied upon property as the property of said defendants in execution, and C. E. Mitchell interposed a claim thereto. From a judgment for the execution plaintiff, claimant appeals. Transferred from Court of Appeals under act creating said court.
1Opinion of the Court
SOMERVILLE, J. —
The plaintiff in execution has levied on 150 bushels of corn raised by the defendant debtor on his only farm in Lamar county in 1912. Prior *609to the rendition of this judgment, the judgment debtor had mortgaged to the claimant “two hales of rent cotton from my farm in Lamar county, Alabama, for the 1912 crop, first picked, weighing 500 pounds each, and 200 bushels of com of my 1912 crop from my said farm."
The only question presented is upon the sufficiency of the description of the corn in the mortgage, as against the judgment creditor.
“As against third persons the mortgage must…
2Cases cited3 opinions
- Stickney v. Dunaway & LambertSupreme Court of Alabama · 1910
- Hurt v. Redd & Co.Supreme Court of Alabama · 1879
- Watson v. PughSupreme Court of Arkansas · 1888
3Cited by3 opinions
- Hammond v. CabanissSupreme Court of Alabama · 1925
- Dutton v. GibsonSupreme Court of Alabama · 1930
- J. A. Lindsey & Co. v. SteensonSupreme Court of Alabama · 1918